Contract No. NRC-HQ-11-C-04-0011.

AW RIONRC . THIS CONTRACT IS RATED ORDER IRATINeG ] PA0e OF PAGESAWARDICONTRACT, UNDER DPAS (15 CFR 700) 1 N/A 1 33

2. CONTRACT NO. (P-t. kIeae 3. EFFECTIVE DATE 4. REQUISITIOWPURCHASE REQUESIPROJECT NO.

NXC-HQ-11-C-04-0Cl j1 U1 RSs-11-040

$. ISSUED 1Y CODE 3100 S. ADMIIN 'iTERED BYM se dw wn 5 CODE 3100

U.S. Nuclear Regulatory CommissionU.S. Nuclear Regulatory Commission Div. of ContractsDiv. of Contracts Mail Stop: TWB-01-BlOMAttnl:mail Stop: TWB-01-810MWashington, DC 20555 Washington, DC 20555

7. NAME AND ADDRESS OF CONTRACTOR .. e. .y. nt. N ad ZI Coa) 8. DELIVERY

OREGON STATE UNIVERSITY

FOB ORIGIN OTHER (Sa oocr9. DISCOUNT FOR PROMPT PAYMENT

KERR ADMINISTRATION B306)Qet .31

CORVALLIS OR 97331850710 suMITn sNvoIcEs ITEM

(4 coipes uremss e00vise____ ___ ____ ___ ___ ____ ___ ___ - "TO THE

CODE 053599908 PACILITY COOE ADDRESS SHOWN IN111O19OERKO 12. PAYMENT W"LL BE MADE BY COE 0•°

1t. &HtP TOIM•aR FOR o §T i.U.S. Nuclear Regulatory Commission Department of Interior / NBCAttn: Mr. Mohemmad Saba [email protected] of Nuclear Research Attn: Fiscal Services Branch - D2770mail Stop CSB-3A07X 7301 W. Mansfield AvenueWashington DC 20555 Denver CO 80235-2230

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATAB&R No. 2011-60-11-6-110, Job Code: N6822, BOC: 252A

10U.S. .2304(c) ) -J 41U.S.C.253(cX ) APP No. 31X0200.160 Obligation: $50,000.00 NAICS: 611310

s-k ITEM No 116.- SUPPLUM5ERVI-ES 15C. UANIM 1D. WrT I15E UNI FPRICE 1SF. AMOUNT

Refer =o Section a. 2 for description of services.

This is a cost reimbursement type contract.

$557. 604.00160. TOTAL AMOUNT OF CONTRACT

16. TABLE OF CONTENTS(X) SEC. ESMIIPTION MAES t SMC DESCRIPTIONAG(S

PART I - Sr4CHEDU.LE PART 0 -COVRCT CLAUSES

A SOLCrITATIONICONTRAct FORM I .CONTRACT CLAUS,,8 SJUPPUES OR SERV.ICESAND PRICESICOSTS .. PART III. -IST OF DOCUMENTS. EXMISITS AND OTHER ATTACH.

C CESCRIPJIONISPECSJWAORK STTAIENr I J 1STOFArTACIHMENTS

D PACKAGING AND MAIG PART NV.RERESIMTAn1ONSAND INSTRUCRlONS

'E 1SPECTION ANOACCEPTANCE K REPRESENTATIONS, CERr1FICATIONM AND.... 'K !OTHER WTrAT&eTOP OFFEROR8D OELIVERIES OR PERFORMANCE .......

0 CONTRACT ADMINSTRATION DATA jL INMSISR. CONMS_ AND NOTICES To OFFER

a oi SPECIAL CONTRACT REQUIREMENTS M ELALUATI~b FAC.RS FOR AWARD

CONTRACJ1NG OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. I] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor Is required to 11n thisdooan and reWtu 2 copies to Issuing 01710.) Conlradlor,agrees to aU'nh and delnr al, Items Or Pedoim all Ow aerecas set fobdh orotherw~se elerllliad above and on any conltinatlon sheets for the cons"mallonsaled herein. Tri d"hts and oblialtlons cfI paties to this contract shall be-,.sublet to and govrned b the (yttoetulg docuanents: (a) th s eWe deo "e ....the soliciation. If any, and (o) such previsions. rapmsenlallons, cestll•ationr, andopeclfl.ationa, as are otladhed or Incorporated by reference twnem. (Attachmentsam I11tdaherein.)

t8.[] AWARD torct tmswraqutoOls •d=u•mr.) Your

OIler on Solicitation Number_Inctding the addltlows or changes made by you which additions or climanW am setfCI in full above, Is hereby accepted to the einms lsted above andon any. ,.condition heets.--.ThIsaward conswunges the cont1a which conalst of thefolloWng docnents: (a) the Govesnenre sollclilidaon andyour offer. and (b) tawadrltoan t. No ftihercoractual document Is eary;

IDA. NAME AND TITLE OF SIGNER (Type or prlm)

(temp. 00-MAR B

NRC-HQ-11 -C-04-0011 Section B

Table of Contents

PA RT I - TH E SC H ED U LE ............................................................................................................. A-1

SECTION A - SOLICITATION/CONTRACT FORM ................................................................... A-1

S F 26 A W A R D /C O N T R A C T .............................................................................................. A -1

PA RT I - TH E SC H ED U LE ............................................................................................................. B -1

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS ................................................ B-1

B .1 P R O J E C T T IT L E ............................................................................................................ B -1B.2 BRIEF DESCRIPTION OF W ORK (MAR 1987) ............................................................. B-IB.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (JUN 1988)

A LT E R N A T E I (JU N 19 88) ............................................................................................ B -1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK .............................. C-1

[R efe r to A ttachm e nt J.1] .................................................................................................. . . C -1

SECTION D - PACKAGING AND MARKING ............................................................ I ................. D-1

D.1 PACKAG ING AND MARKING (MAR 1987) .................................................................... D-1

SECTION E - INSPECTION AND ACCEPTANCE ..................................................................... E-1

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ........... E-1E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987) ......................................... E-1

SECTION F - DELIVERIES OR PERFORMANCE ..................................................................... F-1

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ............ F-1F.2 2052.211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993) .................... F-1F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993) ..................................... F-1F.4 2052.211-72 FINANCIAL STATUS REPORT (OCT 1999) ........................................ F-1F.5 PLACE OF DELIVERY--REPORTS (JUN 1988) .......................................... ................ F-3F.6 DURATION OF CONTRACT PERIOD (MAR 1987) ......................................................... F-3

SECTION G - CONTRACT ADMINISTRATION DATA .............................................................. G-1

G.1 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006) .................. G-1G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999) ............... G-2G.3 2052.216-71 INDIRECT COST RATES (JAN 1993) .................................................... G-3

SECTION H - SPECIAL CONTRACT REQUIREMENTS .......................................................... H-1

H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN1 9 9 3 ) H................................................................................................. ........................... H -1

H.2 2052;215-70 KEY PERSONNEL (JAN 1993) ........................... ................. ............... H-3H.3 MODIFICATION TO 2052.235-70 PUBLICATION OF RESEARCH RESULTS (OCT

1 9 9 9 ) ...... I ........ ............... .......................................................... . H -4HA4 2052.235-71 SAFETY, HEALTH, AND FIRE PROTECTION (JAN 1993) ..................... H-4

rL-H 5•GOVERNMENT, FURNISHED'EQUIPMENT/PROPERTY- NONE 4PROVIDED•(JUNi988)H-4H .6 S E A T B E L T S ................................................................................................................ H -4H.7 Annual and Final Contractor Performance Evaluations ............................................. H-5H.8COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (MAY 2002) ..... H-5H.9 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR. E M P LO Y E E S (JU LY 2006) .............................................................. ............................. H -6H.10. PROHIBITON OF FUNDING TO ACORN (NOV 2009) .................................................. H-6H.1 1 REDUCING TEXT MESSAGING WHILE DRIVING (OCT 2009) .................................... H-6

NRC-HQ-11-C-04-0011 Section B

PART II - CO NTRACT CLAUSES ........................................... . .... ...................................... I-1

SECTION I - CONTRACT CLAUSES ..................................................................................... I-1

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE ....... I-11.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SU BC O NTRA CT AW AR DS (JU L 2010) ........................................................................... 1-21.3 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009) ......................... 1-51.4 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002) .... ............................. .1-61.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR -

RELATIONS ACT (DEC 2010). ................. ... ..... .. . ......... .1-91.6 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) ............................. 1-101.7 52.249-14 EXCUSABLE DELAYS (APR 1984) ........................................................... I-131.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ........... 1-13

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS .............. J-1

SECTION J - LIST O F ATTACHM ENTS ......................................................................................... J-1

B.1 PROJECT TITLE

The title of this project is as follows:

Improvement of the Accuracy of the Beta Dose Calculations in VARSKIN 3.1 Computer Code

B.2 BRIEF DESCRIPTION OF WORK (MAR 1987)

The primary objective of this project is to customize the.computer code VARSKIN 3 and NUREG/CR-6918.

B.3 CONSIDERATION AND OBLIGATION--COST REIMBURSEMENT (JUN 1988) ALTERNATE I (JUN1988)

(a) The total estimated cost to the Government for full performance under this contract is $557,604.00.

(b) The amount presently obligated by the Government with respect to this contract is $50,000.00.

(c) It is estimated that the amount currently allotted will cover performance through May 16, 2011.

B-1

NRC-HQ-11 -C-04-0011

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

[Refer to Attachment J.1]

Section C

C-1

NRC-HQ-11 -C-04-0011 Section D

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING (MAR 1987)

The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance bycommon carrier and safe delivery at destination. Containers and closures shall comply with the Interstate CommerceCommission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to themode of transportation. On the front of the package, the Contractor shall clearly identify the contracbtnumber underwhich the product is being provided.

D-1

NRC-HQ-11 -C-04-0011 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby inrcorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronicaccess to the full text of a clause.

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984(SHORT FORM)

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Project Officerat the destination.

E-1

NRC-HQ-: 1-C-04-0011 Section F

SECTION F - DELIVERIES OR PERFORMW NCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronicaccess to the full text of a clause.'

NUMBER TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 2052.211-70 PREPARATION OF TECHNICAL REPORTS (JAN 1993)

All technical reports required by Section C and all Technical Progress Reports required by Section F are to beprepared in accordance with the attached Management Directive 3.8, "Unclassified Contractor and GranteePublications in the NUREG Series." Management Directive 3.8 is not applicable to any Contractor Spending Plan(CSP) and any Financial Status Report that may be included in this contract. (See List of Attachments).

F.3 2052.211-71 TECHNICAL PROGRESS REPORT (JAN 1993)

The contractor shall provide a monthly Technical Progress Report to the project officer and the contracting officer.The report is due within 15 calendar days after the end of the report period and must identify the title of the project, thecontract number, appropriate financialtracking code specified by the NRC Project Officer, project manager and/orprincipal investigator, the contract period of performance, and the period covered by the report. Each report mustinclude the following for each discrete task/task order:

(a) A listing of the efforts completed during the period, and milestones reached or, if missed, an explanationprovided;

(b) . Any problems or delays encountered or anticipated and recommendations for resolution. If the recommendedresolution involves a contract modification, e.g., change in work requirements, level of effort (cost) or schedule delay,the contractor shall submit a separate letter to the contracting officer identifying the required change and estimatedcost impact.

(c) A summary of progress to date; and

(d) Plans for the next reporting period.

F.4 2052.211-72 FINANCIAL STATUS REPORT (OCT 1999)

F-1

NRC-HQ-1 1 -C-04-0011 Section F

The contractor shall provide a monthly Financial Status Report' (FSR) t6"the project officer and the contractingofficer. The FSR shall include the acquisition of, or changes in the status of, contractor-held property acquired withgovernment funds valued at the time of purchase at $50,000 or more. Whenever these types of property changesoccur, the contractor shall send a copy of the report to the Chief, Property and Acquisition Oversight Branch, Office ofAdministration. The report is due within 15 calendar days after the end of the report period and must identify the titleof the project, the contract number, the appropriate financial tracking code (e.g., Job Code Number or JCN) specifiedby the NRC Project Officer, project manager and/or principal investigator, the contract period of performance, and theperiod covered by the report. Each report must include the following for each discrete task:

(a) Total estimated contract amount.

(b) Total funds obligated to date.

(c) Total costs incurred this reporting period.

(d) Total costs incurred to date.

(e) Detail of all direct and indirect costs incurred during the reporting period for the entire contract or each task, if itis a task ordering contract.

(f) Balance of obligations remaining.

(g) Balance of funds required to complete contract/task order.

(h) Contractor Spending Plan (CSP) status: A revised CSP is required with the Financial Status Reportwhenever the contractor or the contracting officer has reason to-believe that the total cost for performance of thiscontract will be either greater or substantially less than what had been previously estimated.

(1) Projected percentage of completion cumulative through the report period for the project/task order asreflected in the current CSP.

(2) Indicate significant changes in the original CSP projection in either dollars or percentage of completion.Identify the change, the reasons for the change, whether there is any projected overrun, and when additional fundswould be required. If there have been no changes to the original NRC-approved CSP projections, a written statementto that effect is sufficient in lieu of submitting a detailed response to item "h".

(i) Property status:

(1) List property acquired for the project during the month with an acquisition cost between,$5,000 and $49,999.Give the item number for the specific piece of equipment.

(2) Provide a separate list of property acquired for the project during the month with an acquisition cost of$50,000 or more. Provide the following information for each item of property: item description or nomenclature,manufacturer, model number, serial number, acquisition cost, and receipt date. If no property was acquired during themonth, include a statement to that effect. The same information must be provided.for any..component or peripheralI.-.equipment which is part of a6systemn Or~syOm'uhit.'

(3) For multi-year projects, in the September monthly financial status report provide a cumulative listing ofproperty with an acquisition cost of $50,000 or more showing the information specified in paragraph (i)(2) of thisclause.

(4) In the final financial status report provide a closeout property report containing the same elements asdescribed above for the monthly financial status reports, for all property purchased with NRC funds regardless of value

F-2

NRC-HQ-11-C-04-0011 Section F

unless title has been vested in the contractor. If no property was acquired under the contract, provide a statement tottiateffect. The report should note any property requiring special handling for security, liealtK "'afe•y, or otherreasons as part of the report.

(j) Travel status: List the starting and ending dates for each trip, the starting point and destination, and thetraveler(s) for each trip.

(k) If the data in this report indicates a need for additional funding beyond that already obligated, this informationmay only be used as support to the official request for funding required in accordance with the Limitation of Cost(LOC) Clause (FAR 52.232-20) or the Limitation of Funds (LOF) Clause FAR 52.232-22.

F.5 PLACE OF DELIVERY--REPORTS (JUN 1988)

The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

(a) Project Officer (2 copies)

(b) Contracting Officer (1 copy)

F.6 DURATION OF CONTRACT PERIOD (MAR 1987)

This contract shall commence on March 09, 2011 and will expire March 08, 2013.

F-3

NRC-HQ-11-C-04-0011 Section G

SECTION G:- CONTRACT ADMINISTRATION DATA

G.1, 2052.215-71 PROJECT OFFICER AUTHORITY (NOVEMBER 2006)

(a) The contracting officer's authorized representative (hereinafter referred to as the project officer) for this contract

is:

Name: Mr. Mohammad Saba

Address: U.S. Nuclear Regulatory CommissionMail Stop CSB-3A07M21 Church StreetRockville, MD 20852

Telephone Number: 301-251-7558 [email protected]

(b) Performance of the work under this contract is subject to the technical direction of the NRC projet' :officer. Theterm "technical direction" is defined to include the following:

(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizestravel which was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work (SOW) orchanges to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractualSOW.

(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technicalportions of the work description.

(3) Review and, where required by the contract, approval of technical reports, drawings, specifications, andtechnical information to be delivered by the contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract. The project officer does

not have the authority to and may not issue any technical direction which:

(1) Constitutes an assignment of work outside the general scope of the contract.

(2) Constitutes a change as defined in the "Changes" clause of this contract.-

(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or thetime required for contract performance.

(4) Changes any of the expressed terms, conditions, or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateraldirective whatever.

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officerin writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to thecontracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received finalapprovalfrom the NRC must be furnished to the contracting officer.

G-1

NRC-HQ-11 -C-04-0011 Section G

(e) The contractor shall proceed pr6mpltly with the performance of technical directions duly issued by the projectofficer in the manner prescribed by this clause and within the project officer's authority under the provisions of thisclause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of thecategories as defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contractingofficer in writing within five (5) working days after the receipt of any instruction or'direction and shall request thecontracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, thecontracting officer shall issue' an appropriate contract modification or advise the contractor in writing that, in thecontracting officer's opinion, the technical direction is within the scope of this article and does not constitute a changeunder the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the project officer' may result in an unnecessary delay inthe contractor's performance and may even result in the contractor expending funds for unallowable costs under thecontract.

(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to betaken with respect thereto is subject to 52.233-1 -Disputes.

(i) In addition to providing.technical direction as defined in paragraph (b) of the section, the project officer shall:

(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, andrecommend to the contracting officer changes in requirements.

(2) Assist the contractor in the resolution of technical problems encountered during performance.

(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officerrecommendations for approval, disapproval, or suspension of payment for supplies and services required under thiscontract.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

(5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when acontractor employee no longer requires access authorization and return of any NRC. issued badge to SB/DFS withinthree daysafter their termination.

(6) Ensure that all contractor employees that require access to classified Restricted Data or National SecurityInformation or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietaryinformation) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, orunescorted access to protected and vital areas of nuclear power plants receive approval of SB/DFS prior to access inaccordance with Management Directive and Handbook 12.3.

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records,obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC,.,transferred to the successor contractor, or destroyed at the end of the contract, in accordance-with instructions.. ...providdd'by theý'NRC Systems Manager for Privacy Act Systems of Records, all records (electronic or paper) whichwere created, compiled, obtained or maintained under the contract.

G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT (OCT 1999)

G-2

N.RC-HQ-1 1 -C-04-0011 Section G

(a) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of OfficialForeign Travel, and must be in compliance with*FARW52.247-63 Preference for U.S. Flag Air Carriers. The contractor,shall submit NRC Form 445 to the NRC no later than 30 days before beginning travel.

(b) The contractor must receive written approval from the NRC Project Officer before taking travel that wasunanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work, or changes to specific travelidentified in the Statement of Work).

(c) The contractor will be reimbursed only for those travel costs incurred that are directly related to this contractand are allowable subject to the limitations prescribed in FAR 31.303.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations ofCost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor toexceed the estimated costs specified in the Schedule.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, inaccordance with Section 12 of Pub. L. 100-679, shall be charged in accordance with the contractor's institutionalpolicy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded.Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMBCircular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for EducationalInstitutions.

G.3 2052.216-71 INDIRECT COST RATES (JAN 1993)

(a) Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, thecontractor shall be reimbursed for allowable indirect costs as follows:

INDIRECT COST POOL RATE BASE PERIODFAcilities & 45.00% On-Campus Effective date through 6/30/11.Administrative (F&A) 46.00% On-Campus 7/01/11 through contract expiration

(b) The contracting officer may adjust these rates as appropriate during the term of the contract upon acceptance ofany revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer inaccordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if thesechanges affect performance of work within the established cost or funding limitations.

G-3

NRC-HQ-11 -C-04-0011 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual,organizational, or otherwise) which relate to the work under this contract; and

(2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of thiscontract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, durin' the term of this Contract, the contractor agrees toforego entering into consulting or other contractual arrangements with any firm or organization the result of which maygive rise to a conflict of interest with respect to the work being.performed under this contract. The contractor shallensure that all employees under this contract abide by the provision of this clause. If the contractor has reason tobelieve, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with anyfirm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of thecontracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing anNRC audit, inspection, or review where the activities that are the subject of the audit, inspection, or review are thesame as or substantially similar to the services within the scope of this contract (or task order as appropriate) exceptwhere the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior workfor the utility or other entity which NRC questions.

(3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicantorganization for a period commencing with the award of the task order or beginning of work on the site (if not a taskorder contract) and ending one year after completion of all work under the associated task order, or last time at thesite (if not a task order contract).

(4) , When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site,

I (i) " The contractor may not solicit work at that site for that licensee or applicant during the period ofperformance of the.task order or the contract, as appropriate.

.(ii) •The'.contra~ctormaynot-perform work at that site for that licensee or applicantduring the periodof.

performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform thistype of work (except work in the same or similar technical area) if the contracting officer determines that the situationwill not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

H-1

NRC-HQ-11 -C-04-0011 Section H

,-:(1) The contractor warrants that to the best of its knowledge and belief, and except as othervise set forth in thiscontract, that it does not have any organizational conflicts of interest as defined, in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to thiscontract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement mustinclude a description of the action which the contractor has taken or proposes to take to avoid or mitigate suchconflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broadspectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose allproposed new work involving NRC licensees or applicants which comes within the scope of work of the underlyingcontract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercisediligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be madebefore the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC atleast 15 days before the proposed award date in any event, unless a written justification demonstrating urgency anddue diligence to discover and disclose is provided by the contractor and approved by the contracting officer. Thedisclosure must include the statement of work, the dollar value of the proposed contract, and any other documentsthat are needed to fully describe the proposed work for the regulated utility or other regulated entity. NRC may denyapproval of the disclosed work only when the NRC has issued a task order which includes the technical area and, ifsite-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site,or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section.

(e) Access to and use of information.

(1) If in the performance of this contract, the contractor obtains access to information, such as NRC plans,policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 US.C. Section 552a(1988)), or the Freedom of Information Act (5 U.S'C. Section 552 (1986)), the contractor agrees not to,

(i) Use this information for any private purpose until the information has been released to the public;

(ii) Compete for work for the Commission based on the information for a period of six months after either thecompletion of this contract or the release of the information to the public, whichever is first;

(iii) Submit an unsolicited proposal to the Government based on the information until one year after therelease of the information to the public; or

(iv) Release the information without prior written approval by the contracting officer unless the information haspreviously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to, proprietary data, dataprotected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C.Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract,the contractorshall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract,.thecontractor shal have the riglht to.use.,technicaldata'it uroces uhder this contract for private purposes provided that'all requirements of this contract, have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, includingthis paragraph, in subcontracts of any tier. The terms .contract, contractor, and contracting officer, must beappropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrep resentationof any relevant interest required to be disclosed concerning this contract or for such erroneous representations that

H-2

NRC-HQ-11-C-04-0011 Section H

necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor fromsubsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer inaccordance with the procedures outlined in 48 CFR 2009.570-9. -

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposalstherefor (solicited or unsolicited), which stem directly from the contractor's performance of work under this contract.Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technicalconsulting ormanagement support services work or evaluation activities under this contract on any of its products orservices or the products or services of another firm if the contractor has been substantially involved in thedevelopment or marketing of the products or services.

(1) If the contractor, under this contract, prepares a complete or essentially complete statement of work orspecifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based onthe statement of work or specifications. The contractor may not incorporate its products or services in the statementof work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in thisparagraph do not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items tothe Government. END OF CLAUSE

Notwithstanding anything in this section, any information or data that is considered confidential or proprietary by NRC.("Confidential Information'") and not to be disclosed by the Contractor without NRC's consent or prior to NRC's release,must be marked or otherwise designated in writing as confidential prior to disclosure. NRC acknowledges thatContractor's confidentiality obligations are subject to the Oregon Public Records Law, ORS 192.410-192.505."

H.2 2052.215-70 KEY PERSONNEL (JAN 1993)

(a) The following individuals are considered to be essential to the successful performance of the work hereunder:

Drý David Hamby Principal Investigator

The contractor agrees that personnel may not be removed from the contract work or replaced without compliancewith paragraphs (b) and (c) of this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable forwork under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less,effort to the work than indicatedin. the p.oposa! orj.iti~a!y anti.cpated, the contractor;.shall.immediately.notify the

.-¾nfractin fficer and •shall, subject t the con-currenceof the contracting off icer,•,p•r•hptly replace the personnel withpersonnel of at least substantially equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of thecircumstances necessitating the proposed substitutions. The request must also contain a complete resume for theproposed substitute and other information requested or needed by the contracting officer to evaluate the proposed

H-3


substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contractingofficer shall promptly notify the contraictor'of his or her decision in writing.

(d) ý If the contracting officer determines that suitable and timely replacement of key personnel who have beenreassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, orthat the resultant reduction of productive effort would be so substantial as to impair the successful completion of thecontract or the service order, the contract may be terminated by the contracting officer for default or for theconvenience of the Government, as appropriate.

H.3 MODIFICATION TO 2052.235-70 PUBLICATION OF RESEARCH RESULTS (OCT 1999)

(a) The principal investigator(s)/contractor shall comply with the provisions of NRC Management Directive 3.7regarding publication in refereed scientific and engineering journals or dissemination to the public of any information,oral or Written, concerning the work performed under this contract. This unclassified fundamental research projectrequires the development of research methodologies. The scope of work of this project does not involve makingconclusions or recommendations regarding NRC policy.

(b) The principal investigator(s)/contractor may publish the results of this work in refereed scientific and engineeringjournals or in open literature and present papers at public or association meetings at interim stages of work, in additionto submitting to NRC the final reports and other deliverables required under this contract.

(c) The principal investigator(s) shall coordinate all such publications with, and transmit a copy of the proposedarticle or paper to, the NRC Contracting Officer or Project Officer, prior to publication. The NRC~agrees to review andprovide comments within thirty (30) days after receipt of a proposed publication. However, in those cases where theinformation to be published addresses and/or discusses NRC policy, the NRC reserves the right to have the contractoradd the following disclaimer that states "Any opinions, findings, and conclusions or recommendations expressed inthis publication are those of the author(s) and do not necessarily reflect the views of the NRC". If the NRC does notagree with the publication, it will not be responsible for publication costs, nor will it pay for hours dedicated to work onthat particular publication.!

H.4 2052.235-71 SAFETY, HEALTH, AND FIRE PROTECTION (JAN 1993)

The contractor shall take all reasonable precautions in the performance of the work under this contract to protectthe health and safety of its employees and of members of the public, including NRC employees and contractorpersonnel,, and to minimize danger from all hazards to life and property. The contractor shall comply with all applicablehealth, safety, and fire protection regulations and requirements (including reporting requirements) of the Commissionand the Department of Labor. If the contractor fails to comply with these regulations or requirements, the contractingoffice may, without prejudice to any other legal or contractual rights of theCommission, issue an order stopping all orany part of the work. Thereafter, a start work order for resumption of work may be issued at the discretion of thecontracting officer. The contractor may not make a claim for an extension of time or for compensation or damages byreason of, or in connection with, this type of work stoppage.

H.5 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY - NONE PROVIDED (JUN 1988)

The Government will not provide any equipment/property under this contract.

H.6 SEAT BELTS

H-4


Contractors, subcontractors, and grantees, are encouraged to adopt and enforce on-the-job seat belt policies andprograms for their employees when operating company-owned, rented, or personally owned vehicles.

H.7 Annual and Final Contractor Performance Evaluations

Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR42.15, "Contractor Performance Information," normally at the time the contractor is notified of the NRC's intent toexercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will beprepared (state time for annual evaluation). Final evaluations of contractor performance will be prepared at theexpiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Project Officer's annual and final contractor performance evaluationsto the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permittedthirty days to review the document. The contractor may concur without comment, submit additional information, orrequest a meeting to discuss the performance evaluation. The Contracting Officer may request the contractor'sProject Manger to attend a meeting to discuss the performance evaluation.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the ContractingOfficer will consider such evaluation final and releasable for source selection purposes. Disagreements between theparties regarding a performance evaluation will be'ireferred to an individual one level above the Contracting Officer,whose decision will be final.

The Contracting Officer ývill send a copy of the completed evaluation report, marked "For Official .Use Only," to thecontractor's Project Manager for their records as soon as practicable after it has been finalized. The completedevaluation report also will be used as a tool to improve communications between the NRC and the contractor and toimprove contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance withFAR 42.1502(a) and 42.1503(c). During the period the information is being used to provide source selectioninformation, the completed annual performance evaluation will be released to only two parties - the Federalgovernment personnel performing the source selection evaluation and the contractor under evaluation if the contractordoes not have a copy of the report already.

H.8 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (MAY 2002)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United Statesimmigration laws and regulations, including employment authorization documents and visa requirements. Each alienemployee of the Contractor must be lawfully admitted for permanent. residence as evidenced by Permanent ResidentCard Form 1-551, or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenshipand Immigration Services that employment will not affect his/her immigration status. The U.S. Citizenship andImmigration Services provides information to contractors to help them understand the employment eligibilityverification process for non-US citizens. This information can be found on their website, www.uscis.gov.

The NRC. reserves the "ghtf6ý, deny or withdraw Contractor use or access to NRC facilities or itsequipment/services, and/or take any number of contract administrative actions (e.g., disallow costs, terminate forcause) should the Contractor violate the Contractor's responsibility under this clause.

H-5


H.9 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOREMPLOYEES (JULY 2006)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to theWhistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) andsubcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and theimplementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures onHandling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures andthe requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor andsubcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or otheremployment discrimination practices with respect to compensation, terms, conditions or privileges of their employmentbecause the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage inunlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic EnergyAct of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performedunder this contract.

H.10 PROHIBITON OF FUNDING TO ACORN (NOV 2009)

In accordance with section 163 of the Continuing Appropriations Resolution, 2010, Division B of Public Law No.111-68 (CR), until further notice, no federal funds may be provided to the Association of Community Organizations forReform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. Additional information can be foundat: http://www.whitehouse.gov/omb/assets/memoranda_2010/m 10-02.pdf

H.11 REDUCING TEXT MESSAGING WHILE DRIVING (OCT 2009)

(a) In accordance with Section 4 of Executive Order 13513, "Federal Leadership on Reducing Text MessagingWhile Driving,"(October 1, 2009), the Contractor or Recipient is encouraged to:

(1) Adopt and enforce policies that ban text messaging while driving company-owned or rented vehicles orGovernment-owned vehicles, or while driving privately-owned vehicles when on official Government business or when

,performing any work for or on behalf of the Government; and

(2) Consider new rules and programs to further the policies described in (a)(1), reevaluate existing programs toprohibit text messaging while driving, and conduct education, awareness, and other outreach programs for employeesabout the safety risks associated with text messaging while driving. These initiatives should encourage voluntarycompliance with the text messaging policy while off duty.

..... . For purposes.of cormplying:with the E'xecutive Order:- , .. • ... .. . . ..

(1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronicdevice, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, orengaging in any other form of electronic data retrieval or electronic data communication.

(2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including whiletemporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor

H-6


vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and hashalted ina location where one can safely remain stationary.

(c) The Contractor or Recipient shall encourage its subcontractor(s) or sub-recipient(s) to adopt and enforce thepolicies and initiatives described in this clause.

H-7

NRC-HQ-11 -C-04-0011 Section I

PART II - CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

1.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by CitationNumber, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BYREFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronicaccess to the full text of a clause.

NUMBER

52.202-152.203_3• ý -

52.203-552.203-6

52.203-752.203-8

52.203-10

52.203-12

52.204-4

52.204-752.209-6

52.215-2

52.215-8

52.216-11

. 52.216-1.5_.-52.219-4

52.219-852.222-2152.222-2652.222-3552.222-36

TITLE DATEFEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)DEFINITIONS JUL 2004'GRATUITIES APR 1984COVENANT AGAINST CONTINGENT FEES APR 1984RESTRICTIONS ON SUBCONTRACTOR SALES TO SEP 2006THE GOVERNMENTANTI-KICKBACK PROCEDURESCANCELLATION, RESCISSION, AND RECOVERYOF FUNDS FOR ILLEGAL OR IMPROPERACTIVITYPRICE OR FEE ADJUSTMENT FOR ILLEGAL ORIMPROPER ACTIVITYLIMITATION ON PAYMENTS TO INFLUENCECERTAIN FEDERAL TRANSACTIONSPRINTED OR COPIED DOUBLE-SIDEDON RECYCLED PAPERCENTRAL CONTRACTOR REGISTRATIONPROTECTING THE GOVERNMENT'S INTERESTWHEN SUBCONTRACTING WITH CONTRACTORSDEBARRED, SUSPENDED, OR PROPOSED FORDEBARMENTAUDIT AND RECORDS--NEGOTIATIONALTERNATE II (APR 1998)ORDER OF PRECEDENCE--UNIFORM CONTRACTFORMATCOST CONTRACT--NO FEE.ALTERNATE I (APR 1984)PREDETERMINED INDIRECTCOST RATESNOTICE OF PRICE EVALUATION PREFERENCEFOR HUBZONE SMALL BUSINESS CONCERNSUTILIZATION OF SMALL BUSINESS CONCERNSPROHIBITION OF SEGREGATED FACILITIESEQUAL OPPORTUNITYEQUAL OPPORTUNITY FOR VETERANSAFFIRMATIVE ACTION FOR WORKERS WITH

OCT 2010JAN 1997

JAN 1997

OCT 2010

AUG 2000

APR 2008DEC 2010

OCT 2010

OCT 1997

APR 1984

JAPRN1998

JAN 2011

JAN 2011FEB 1999MAR 2007SEP 2010OCT 2010

I-1

NRC-HQ-11-C-04-0011 Section I

52.222-3752.222-5052.223-652.223-18

52.225-5

52.225-13

52.227-1A

52.227-2

52.227-14

52.227-11

52.228-752.232-1752.232-1852.232-2252.232-2352.232-2552.232-33

52.233-1

52.233-3

52.233-4

52.242-152.242-1352.243-2

52.244-2A

52.244-552.244-652.245-1B

52.245-952.246-2352.246-2552.249-5

DISABILITIESEMPLOYMENT'REPORTS ON VETERANSCOMBATING TRAFFICKING IN PERSONSDRUG-FREE WORKPLACECONTRACTOR POLICY TO BAN TEXTMESSAGING WHILE DRIVINGTRADE AGREEMENTSRESTRICTIONS ON CERTAIN FOREIGNPURCHASESAUTHORIZATION AND CONSENTALTERNATE I (APR 1984)NOTICE AND ASSISTANCE REGARDING PATENTAND COPYRIGHT INFRINGEMENTRIGHTS IN DATA--GENERALALTERNATE IV (DEC 2007)PATENT RIGHTS--OWNERSHIP BY THECONTRACTORINSURANCE--LIABILITY TO THIRD PERSONSINTERESTAVAILABILITY OF FUNDSLIMITATION OF FUNDSASSIGNMENT OF CLAIMSPROMPT PAYMENTPAYMENT BY ELECTRONIC FUNDS--CENTRALCONTRACTOR REGISTRATIONDISPUTESPROTEST AFTER AWARDALTERNATE I (JUN 1985)APPLICABLE LAW FOR BREACH OFCONTRACT CLAIMNOTICE OF INTENT TO DISALLOW COSTSBANKRUPTCYCHANGES--COST REIMBURSEMENTALTERNATE V (APR 1984)SUBCONTRACTSALTERNATE I (JUNE 2007)COMPETITION IN SUBCONTRACTINGSUBCONTRACTS FOR COMMERCIAL ITEMSGOVERNMENT PROPERTYALTERNATE II (JUNE 2007)USE AND CHARGESLIMITATION OF LIABILITYLIMITATION OF LIABILITY--SERVICESTERMINATION FOR CONVENIENCE OF THEGOVERNMENT (EDUCATIONAL AND OTHERNONPROFIT INSTITUTIONS) ..COMPUTER GENERATED FORMS

SEP 2010FEB 2009MAY 2001SEP 2010

AUG 2009

JUN 2008

DEC 2007

DEC 2007

DEC 2007

DEC 2007

MAR 1996OCT 2010APR 1984APR 1984JAN 1986OCT 2008OCT 2003

JUL 2002AUG 1996

OCT 2004

APR 1984JUL 1995AUG 1987

OCT 2010

DEC 1996DEC 2010AUG 2010

AUG 2010FEB 1997FEB 1997SEP 1996

JAN 1991

1.2 52.204-10 REPORTING EXECUTIVE COMPENSATION ANDAWARDS (JUL 2010)

FIRST-TIER SUBCONTRACT

(a) Definitions. As used in this clause:

1-2


"Executive" means officers, managing partners, or any other employees in management positions.

"First-tier subcontract" means a subcontract awarded directly by a Contractor to furnish supplies or services(including construction) for performance of a prime contract, but excludes supplier agreements with vendors, such aslong-term arrangements for materials or supplies that would normally be applied to a Contractor's general andadministrative expenses or indirect cost.

"Total compensation" means the cash and noncash dollar value earned by the executive during the Contractor'spreceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financialstatement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial AccountingStandards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalizationor medical reimbursement plans that do not discriminate in favor of executives, and are available generally to allsalaried employees.

(4) Change in pension value. This is the changefin present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, terminationpayments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds$10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), asamended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires theContractor to report information on subcontract awards. The law requires all reported information be made public,therefore, the Contractor is responsible for notifying its subcontractors that the required information will be madepublic.

(c)(1) Unless otherwise directed by the contracting officer, by the end of the month following the month of award ofa first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that changepreviously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-iersubcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor'sparent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iV) Date of tIe subcontract' ward. .. , c. .. a

(v) A description of the products or services (including construction) being provided under the subcontract,

including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

1-3


(vii) Subcontractor's physical address including street address, city, state, and country. Also include thenine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Alsoinclude the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shallreport the names and total compensation of each of the five most highly compensated executives for the Contractor'spreceding completed fiscal year at http://www.ccr.gov, if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants(and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants(and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodicreports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission total compensation filings athttp://www.sec.gbv/answers/execomp.htm.)

(3) Unless otherwise directed by the contracting officer, by the end of the month following the month of a first-tiersubcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and totalcompensation of each of the five most highly compensated executives for each first-tier subcontractor for thesubcontractor's preceding completed fiscal year at http://www.fsrs.gov, if--

(i) In the subcontractor's preceding fiscal year, the subcontractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants(and subgrants) and cooperative agreements; and

(B) $25,000,000 orm•ore in anh~nual grsS rvreveues from Federal contracts (and subcontracts), loans, grants(and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodicreports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission total compensation filings athttp://www.sec.gov/answers/execomp. htm.)

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NRC-HQ-1 1 -C-04-0011 Section I

(d)(1) If the Contractor in the previous-tax year had gross income, from all sources, under $300,000, the Contractoris exempt from the requirement to. report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources -under $300,000, the Contractordoes not need to report awards to that subcontractor.

(e) Phase-in of reporting of subcontracts of $25,000 or more.

(1) Until September 30, 2010, any newly awarded subcontract must be reported if the'prime contract awardamount was $20,000,000 or more.

(2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the primecontract award amount was $550,000 or more.

(3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amountwas $25,000 or more.

-1.3 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

(a) Definitions. As used in this clause--

"Added value" means that the Contractor performs subcontract management functions that the Contracting Officerdetermines are a benefit to the Government (e.g., processing orders of parts or services, maintaining inventory,reducing delivery lead times, managing multiple sources for contract requirements, coordinating deliveries, performingquality assurance functions).

"Excessive pass-through charge," with respect to a Contractor or subcontractor that adds no or negligible value to acontract or subcontract, means a charge to the Government by the Contractor or subcontractor that is for indirectcosts or profit/fee on work performed by a subcontractor (other than charges for the costs of managing subcontractsand any applicable indirect costs and associated profit/fee based on such costs).

"No or negligible value means" the Contractor or subcontractor cannot demonstrate to the Contracting Officer thatits. effort added value to the contract or subcontract in accomplishing the work performed under the contract (includingtask or delivery orders).

"Subcontract" means any contract, as defined in FAR 2.101, entered into by a subcontractor to furnish supplies orservices for performance of the contract or a subcontract. It includes but is not limited to purchase orders, andchanges and modifications to purchase orders.

"Subcontractor," as defined in FAR 44.101, means any supplier, distributor, vendor, or firm that furnishes suppliesor services to or for a prime Contractor or another subcontractor.

(b) General The -Government wil I.not- pay excessive pass-through chargesT..he Contracting Officer shall determineif excessive pass-through charges exist.

(c) Reporting. Required reporting of performance of work by the Contractor or a subcontractor. The Contractor shallnotify the Contracting Officer in writing if--.

1-5


(1) The Contractor changes the amount of subcontract effort after award such that it exceeds 70 percent of thetotal cost of work to be performed under the contract, task order, or delivery order. The notification shall identifytherevised cost of the subcontract effort and shall include verification that the Contractor will provide added value; or

(2) Any subcontractor changes the amount of lower-tier subcontractor effort after award such that it exceeds 70percent of the total cost of the work to be performed under its subcontract. The notification shall identify the revisedcost of the subcontract effort and shall include verification that the subcontractor will provide added value as related tothe work to be performed by the lower-tier subcontractor(s).

(d) Recovery of excessive pass-through charges. If the Contracting Officer determines that excessive pass-throughcharges exist;

(1) For other than fixed-price contracts, the excessive pass-through charges are unallowable in accordance withthe provisions in FAR subpart 31.2; and

(2) For applicable DoD fixed-price contracts, as identified in 15.408(n)(2)(i)(B), the Government shall be entitledto a price reduction for the amount of excessive pass-through charges included in the contract price.

(e) Access to records.

(1) The Contracting Officer, or authorized 'representative, shall have the right to examine and audit all the:Contractor's records (as defined at FAR 52.215-2(a)) necessary to determine whether the Contractor proposed, billed,or claimed excessive pass-through charges.

(2) For those subcontracts to which paragraph (f) of this clause applies, the Contracting Officer, or authorizedrepresentative, shall have the right to examine and audit all the subcontractor's records (as defined at FAR52.215-2(a)) necessary to determine whether the subcontractor proposed, billed, or claimed excessive pass-throughcharges.

(f) Flowdown. The Contractor shall insert the substance of this clause, including this paragraph (f), in allcost-reimbursement subcontracts under this contract that exceed the simplified acquisition threshold, except if thecontract is with DoD, then insert in all cost-reimbursement subcontracts and fixed-price subcontracts, except thoseidentified in. 15.408(n)(2)(i)(B)(2), that exceed the threshold for obtaining cost or pricing data in accordance with FAR15.403-4.

1.4 52.21.6-7 ALLOWABLE COST AND PAYMENT (DEC 2002)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except forsmall business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by theContracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.3 in effect on the date of thiscontract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting

.-...OffiPer, in such form-and reasonable.,detailas the representative may,,requireaprin voice..rhv r ou.cersupporte dby a!KPi!ofentf the claimed allowable cost for performing this contract. .

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.Interim payments made prior to the final payment under the contract are contract financing payments, except interimpayments if this contract contains Alternate I to the clause at 52.232-25.

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(3) The designated payment office will make interim payments for contract financing on the 30TH day after thedesignated billing office receives a proper-payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensurecompliance with the terms and conditions of the contract, the designated payment office is not compelled to makepayment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of the clause, withrespect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs"includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash,check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course ofbusiness, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments tosubcontractors, provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on thecontract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor forpurposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment tosubcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid

unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

"() te~on ti -Otion does not remain unpaid 30 days after the end of the applicable quarter or shoter• •aymentperiod (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for paymentpurposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause,allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordancewith paragraph (d) of this clause.

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(4) Any statements in specifications or other documents incorporated in this contract by reference designatingperformance of services or furnishing of materials at the Contract6ris"expense or at no cost to the Government shallbe disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart42.7 of the Federal Acquisition Regulation (FAR) in effefcfor the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (orcognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscalyears. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractorand granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supportingdata.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. Theappropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly aspractical after receipt of the Contractor's proposal.

(3) The Contractor and the appropriate Government representative shall execute a written understanding settingforth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,(ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost itemstreated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advanceagreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling,contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding isincorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of theDisputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the finalannual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completioninvoice or voucher to reflect the settled amounts and rates.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5)of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputesclause.

(e) Billing rates. Until final annua~l'indirectcost rates are established for any period, the Government shallreimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (thecognizant auditor), subject to adjustment when the final rates are established. These billing rates--

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to preventsubstantial overpayment or underpayment.

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(f) Quick-closeout procedures. Quick-closeout procedures are applicabi when th•"conditions in FAR 42.708(a) aresatisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices orvouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the ContractingOfficer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments.

(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordancewith paragraph (d)(5) of this clause, and upon the Contractor's compliance vith all terms of this contract, theGovern-ment shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (includinginterest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that thoseamounts are properly allocable to costs for which the Contractor has been reimbursed by the Government.Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall beallowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor andeach assignee whose assignment is in effect at the time of final payment shall execute and deliver--

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds,rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor hasbeen reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations,and claims arising out of or under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are notknown;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third partiesarising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date ofthe execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officerwithin 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractorunder the patent clauses of this contract, excluding, however, any expenses arising from the Contractor'sindemnification of the Government against patent liability.

1.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABORRELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form,and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plantsSand..offices where employees covered, by the Nationalr.Labor 'Relations Act.,engage in.activities5relating to theperformance of the contract, including all places where "otices to employees are customarily posted both physicallyand electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plantsand offices so that the notice is prominent and readily seen by employees who are covered by the National LaborRelations Act and engage in activities related to the performance of the contract.

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(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post therequired notice electronically by displaying prominently, on any Web site that is maintained by the Cont.r'dtbr and iscustomarily used for notices to employees about terms and conditions of employment, a link to the Department ofLabor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3)of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with TheirEmployers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labbr-Management Standards,, U.S.Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or fromany field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site athttp://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicatecopies of the Department of Labor's official poster.

,,,ý(c)-The required text of the employee notice referred to in this clause is located at Appendix-A, Subpart A, 29 CFRPart 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and ordersof the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) ofthis clause, this contract may. be terminated or suspended in whole or in part, and the Contractor may be suspendedor debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposedas are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) TheContractor shall include the substance of this clause, including this paragraph (f), in every subcontractthat exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules,regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30,2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive

Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the

Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with suchinvolvement, as a result of such direction, the Contractor may request:the UUnited States, throught.he Secretary.yof .... i.

"=L•aboK• to erit&i:into sulcW~iigation to protect heint re'tsofthe"United"St~ate .

1.6 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(a) Definitions. As used in this clause--

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"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercialmarketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of. 1984 (46U.S.C. App. 1702), suchas agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded andcarried in bulk. onboard. ship without mark or count, in a loose unpackaged form, having homogenous characteristics.Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and,therefore, ceases to be bulk cargo.

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directlyperforming work, in the United States, under a contract that is required to include the clause prescribed at 22.1 803.Anemployee is not consid'ered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract, as defined in 2. 101, entered into by a subcontractor to furnish supplies orservices for performance of a primecontract or a subcontract. It includes but is not limited to purchase orders, andchanges and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a primeContractor or another subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico,Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractorshall--

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to useE-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the

,U.:.nitedrStates, whether or not assignedothecontract; si ay fh ir&(butsee -

pa. 5 graph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiateverification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignmentto the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall

use E-Verify to initiate verification of employment eligibility of--I-I


(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of theContractor, who are working in the United States, whether or not assigned to the contract, within 3 business days afterthe date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor inE-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the UnitedStates, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shallinitiate verification within 90 calendar days after date of contract award or within 30 days after assignment to thecontract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001 (a)); a State or localgovernment or the government of a Federally recognized Indian tribe; or a surety performing under a takeoveragreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verifyonly employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow.theapplicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of newemployees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existingemployees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractorshall initiate verification for each existing employee working in the United States who was hired after November 6,1986, within 180 calendar days of--

(i) Enrollment in the E-Verify program; 'or

(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contactinformation provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of theE-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate theContractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, theContractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment officialwhether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If thesuspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenrollin E-Verify.

Wof- t Verify program can.

Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment

verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

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(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential,secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant toHomeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for FederalEmployees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)

(appropriately modified for identification of the parties), in each subcontract that--

(1) Is for--

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of aCOTS item.(or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, andare normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

1.7 52.249-14 EXCUSABLE DELAYS (APR 1984)

(a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure toperform this contract under its terms if the failure arises from causes beyond the control and without the fault ornegligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of theGovernment in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantinerestrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure toperform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure tomake progress in the work so asto endanger performance.

(b) If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and ifthe cause of the failure was beyond the control of both the Contractor and subcontractor, and withoutthe fault ornegligence of either, the Contractor shall not be deemed to be in default, unless--

(1) The subcontracted supplies or services were obtainable from other sources;

(2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from theother source; and

(3) The Contractor failed to comply reasonably with this order.

.(c)-,Upon.request:of .the;Cdhtr"&ctor.theoC-htracting Officershall ascertairitfh'fa~cts and extt 6f`t:hbe falluref•" the..'"Contracting Officer determines that any failure to perform results from one or more of the causes. above, the deliveryschedule shall be revised, subject to the rights of the Government under the terminationl clause of this contract.

1.8 52.252-2 CLAUSES INCORPORATED -BY REFERENCE (FEB 1998)

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This contract incorporates one or more clauses by reference, with the same force and effect as if they were given infull text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may beaccessed electronically at this/these address(es):

http://www.arnet.gov/far

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NRC-HQ-11 -C-04-0011

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

Section J

ATTACHMENTNUMBER

NO.PAGESTITLE DATE

J. 1

J.2

J. 3

J"

STATEMENT OF WORK

BILLING INSTRUCTIONSCOST REIMBURSEMENT

MANAGEMENT DIRECTIVE 3.7"NUREG-SERIES PUBLICATIONS

MANAGEMENT DIRECTIVE 3.9NRC STAFF AND CONTRACTOR SPEECHES

J-1

STATEMENT OF WORK (Attachment J.1)

TITLE: IMPROVEMENT OF THE ACCURACY OF THE BETA DOSE CALCULATIONS INVARSKIN 3.1 COMPUTER CODE

C.1 BACKGROUND

This Statement of Work (SOW) describes the U.S. Nuclear Regulatory Commission (NRC) needto enhance modification to the beta dose model algorithm in the computer code VARSKIN 3.0:A Computer Code for Assessing Skin Dose from Skin Contamination.

The original VARSKIN computer code was initially developed to facilitate skin-dose calculations.This development was done under an NRC contract in 1987 and operated under the DOSoperating system. The source geometries available to the user were preset in the code andwere limited to a point and an infinitely thin disk located directly on the skin. Self-absorption inthe source was not considered because the sources had zero volume and the depth of skin atwhich dose was calculated was programmed into the code at 7 mg cm-2

These restrictions limited the use of the code. Therefore, NRC released an upgraded version ofthe code, VARSKIN Mod 2 in 1992. The new version expanded the available sourcegeometries to include cylinders, spheres, .and slabs, included calculation of self-absorption inthe source, and permitted placement of absorber material between the source and the skin tosimulate protective clothing. The user interface was improved, although the code still operatedunder DOS. The revised version also allowed the dose to be averaged over a volume of skin,permitted calculation of dose from multiple rectangular sources, and permitted compositesources that contained several different beta-emitting radionuclides. The most recent version ofthe code, VARSKIN 3, added syringe geometry, improved the beta geometry model, and waswritten to operate in a Windows environment using a graphical interface. In this version, thecalculated skin dose can be averaged over any area that is specified by the use at a userspecific depth below the skin surface. Provision is made to entering the density of a volumesource and for specifying multiple layers of protective clothing between the source and thesurface of the skin.

The computer code VARSKIN 3 is currently utilized by NRC staff to model and calculate skindose from hot particle skin contamination for regulatory requirements under 10 CFR Part 20.The code calculates the dose due to beta and photon radiations separately using twoindependent models. VARSKIN 3 calculates beta doses using essentially the same methodused in VARSKIN Mod 2 by performing a five-dimensional integration of the source volume andtarget area using the Berger Point-Kernel method.

The gamma dose model in the current version of VARSKIN uses gamma-ray exposureconstants to estimate the dose at the desired depth in tissue, and it will not calculate doses forsources that are larger than 1 mm in size. It attempts to account for a lack of charged particleequilibrium using a method developed by Lantz and Lambert. The correction is based on the

,-,.,. .. rage:energy of the photons emitftd by the radionuchde. Thisadjustment has not foundto provide an adequate correction, and limitations on the size of the source to 1 mm imposes afairly serious restriction on the utility of the code to calculate skin doses resulting from photonemissions. Although photon doses usually contribute a small fraction to the skin dose resultingfrom skin contamination (especially in the absence of protective clothing), in some situations the

contaminating radionuclide may emit relatively low-energy beta radiation and relativelyhigh-energy gamma radiation. This, coupled with the presence of protective clothing betweenthe contamination and the skin, could lead to a situation in which the gamma dose makes thedominant, if not the only contribution to the skin dose.

The resulting doses calculated by the code at various photon energies and at various skindepths have been compared With doses calculated by NRC staff using Monte Carlo transportmethods, and were found to overestimate the dose with increasing photon energy (up to a factorof five at 1.5 MeV). The main cause for this lack of accuracy is the inability of the model toadequately allow for lack of charged particle equilibrium at shallow depths at which doses arecalculated, normally 7 mg/cm 2.

The photon model algorithm currently used in VARSKIN 3 also suffers from serious limitations inits applicability to accurately predict dose from sources other than hot particles. This includesbeing restricted to calculating doses from sources that are not larger than 1 mm using thegamma-ray exposure constant as a basis for the dose estimates. The NRC awarded a contractto Oregon State University in May of 2008 to develop a new sophisticated photon dosealgorithm to replace the existingone to address the weaknesses noted above as well to enablethe user to reasonably model photon dose for all other source geometries made available inVARSKIN 3. The algorithm should permit the user to select the depth in the skin at which thedose is to be calculated as well as the area of skin over which the dose is to be averaged.Incorporation of the new algorithm must be performed in a manner that it does not in any wayresult in'changes in beta dose model algorithm of the code.

In 2008, NRC staff compared the beta and electron doses with the doses for similar geometriescalculated using the general purpose radiation transport code MCNP version 5 that wasdeveloped and is maintained at Los Alamos National Laboratory. Agreement between MCNPand the VARSKIN 3 computer code at a skin depth of 7 mg cm,2 was found to be within 20%;however, for iron slab and iron sphere doses from 60Co, the results differed by 45% and 35%respectively. Therefore, there is a need to improve the accuracy of the beta dose calculationsof the VARSKIN computer code, and verify and validate the code library.

The USNRC Office of Nuclear Regulatory Research has been asked to ensure that all new codedevelopment projects use a standard user interface based on the Symbolic Nuclear AnalysisPackage (SNAP). SNAP, itself, is written in Java, but that does not mean that the user interfacefor the code in question must be in Java. Typically, to support an existing FORTRAN code, forexample, a SNAP Java-based "plug-in" will be written to interface the code to the SNAPapplication. The SNAP Application Programming Interface is published in NUREG/CR 6974"Symbolic Nuclear Analysis Package (SNAP) Common Application Framework for EngineeringAnalysis (CAFEAN) Preprocessor Plug-in Application Programming Interface." The APIdocumentation includes a how-to procedure for building a SNAP plug-in as well as an extensiveJavaDoc based API documentation. The API documentation may also be viewed on the web atURL:. http://www.nrcsnap.com/snapldocslproqrammersmanual.isp

The new version of the code, VARSKIN 4, that will be available after April 201.0 is written inFORTRAN and Python and works under WINDOWS operating system. However, the contractorshould develop the code so that it works under both Windows and MAC operating systems.

C.2 OBJECTIVE

The primary objective of this project is to customize the computer code VARSKIN 3 andNUREG/CR-6918 for the U.S. Nuclear Regulatory Commission. The current version ofVARSKIN 3 does not accurately predict beta dose from some radionuclides for iron slab andiron sphere. The accuracy of the code is decreasing with skin depth. In order to address theabove issues, NRC seeks to replace the current beta model in VARSKIN 3 to give the code theability to accurately model beta dosimetry resulting from contamination on the skin or onprotective clothing covering the skin. The secondary objective is to further develop and expandthe code's functionality and usefulness to address foreseeable user needs after the contract hasbeen completed.

C.3 SCOPE OF WORK

The goal for this project is to improve the accuracy of thebeta dose calculations for VARSKIN 3,update NUREG/CR-6918, and possibly add further enhancements to the code's functionality.The final product will be a code that is capable of performing both beta and photon radiationdose assessments in one comprehensive software package. Therefore, it is important for thecompletion of the project that the contractor deliver to NRC an updated version of the VARSKINcode that can be used to correctly perform the required calculations. It is envisioned thatimproving upon the existing VARSKIN 3 code will greatly facilitate NRC ability to performradiation dose assessments. The following are the tasks to be performed:

C.3.1 Task 1: Identifying the Issues with the Dose Calculations for Iron Slab and IronSphere Doses from 60Co

The contractor shall conduct a detailed investigation before developing the code to gain a fullunderstanding of the methodology and accuracy of the current VARSKIN 3 beta dose modeland shall also identify the reasons for the following issues: One issue is that comparison of thebeta doses, by NRC staff, calculated for iron slab and iron sphere from 60Co with those ofMCNP 5 computer code indicated deviation by 45% and 35% respectively. Another issue is thatthe syringe results also differed by 75% for 1311. These differences between the MCNP andVARSKIN increases with the skin depth.

C.3.2 Task 2: Addressing Any Coding Errors or Inaccuracies That Are Leading toDeviations Identified in Task I

The contractor shall propose the methods that he or she uses to correct any errors orinaccuracies that lead to the deviations identified in Task 1. A comprehensive written summarythat discusses the advantages and disadvantages of the methods and feasibility of incorporatingthe changes into the code shall be completed and submitted to the NRC Project Manager

C.3.3 Task 3: Comparing the Skin Dose Calculations from MCNP with those of Electron.Gamma-Showerf(EGS) •computer code.

The contractor shall conduct a detailed comparison of the electron and beta particle dosescalculated using the MCNP with the doses for similar geometries calculated using ElectronGamma Shower computer code. A comprehensive written summary that states whether thereare significant differences shall be completed and submitted to the NRC Project Manager. This

summary also shall recommend if MCNP is a suitable computer code for a reference in testingthe VARSKIN.

C.3.4 Task 4: Develop a Proper Beta Radiation Dosimetry Method and PerformVerification and Validation and Quality Assurance of the Computer Code

C.3.4.1 Subtask 4.1 Develop Testing Plan for Verification and Validation RevisedVARSKIN 3 Code

Upon completion of Tasks 1, 2 and 3, and their incorporation into the code, an extensive seriesof calculations to validate the computer code shall be performed. The doses calculated by therevised VARSKIN shall be completed for all built-in source geometries at various skin depthsand dose averaging areas and then compared with the doses calculated using the preferredMonte Carlo method, which is recommended in Task 3 and the results obtained from other well-established methods or codes.

C.3.4.2 Subtask 4.2 Quality Assurance of Project

The contractor shall conduct a review of their own established configuration management andchange control specification to be used in all tasks in this project to comply with documentedQuality Assurance (QA) requirements established by NRC for software development. Theappropriate contract's QA Officer for this project shall conduct training and oversight to ensurethat QA is implemented and maintained on the project.

The procedural steps to be followed by the contractor to comply with the NRC software testingand quality assurance requirements correspond to generally accepted phases of a softwaredevelopment cycle. Each segment of the development cycle (including the review cycles)naturally has a requirement which, if compiled within a serial manner, would produce highquality software in the end. NRC Quality Assurance for software is stated in NUREG/BR-0167,of which the contractor is responsible for being familiar with to ensure compliance.

The contractor shall conduct testing throughout the development of the revised versions of thecode. The contractor shall prepare the final updated version of the test plan for the revisedcode and document the test plan in a letter report.

C.3.5 Task 5: Further Enhancements to VARSKIN 3

In conjunction with Task 1 through Task 3, additional improvements and modifications to thecode could be necessary to meet the future needs of its users. These improvements!modifications shall be presented to the NRC for discussion to be incorporated into the code.These discussions between the NRC Project Manager and contractor would foster an opendialogue to discuss the cost/benefit of additional improvements and modifications to the code.

.4 NRC expectations are that enhancements.and modifications. to be incorporated into VARSKIN.viould include added funbti6oality ,jser friendliniss, i: additional input/output requirements,hardware and software requirements, and capacity for expansion. The NRC will decide whetheror not to incorporate any enhancements to the code.

The NRC staff is open to suggestion as to what these enhancements may be, as long as thesedo not interfere with the accuracy of the beta and photon model algorithm.

C.3.6 Task 6: Training

C.3.6.1 Subtask 6.1 Develop a Training Module for using the Computer Code

The contractor shall develop online web-based training to teach the code users how to"frh thecode in an effective and efficient way. The contractor also shall summarize the potential andinitiations of the code. At the end, some examples of the input and output of the code shall beprovided to the code users.

C.3.6.2 Subtask 6.2 Conduct a WorkshopThe contractor and NRC Project Manager will decide on a date to conduct a workshop for NRCOffice of Nuclear Regulatory Research (RES) staff on the use of the beta version of theVARSKIN code at the NRC Headquarters Office in Rockville, Maryland. The workshop by thecontractor shall prepare NRC staff for the projects testing phase of the code in which they willparticipate.

C.3.7 Task 7: Modify the VARSKIN 3 Help file to increase the usefulness of theinformation

In some cases, it is hard for the user to obtain information from the current code Help file. Thecontractor should modify the current file to be more efficient and practical.

C.3.8 Task 8: Provide Dose Profiles as a Function of Depth and as a Function of RadialDistance off Center Be Included in Output Options in the Code.

Provide a text file.(or allow direct import into a spreadsheet) of the results of the radial dose

distribution (60 points) or the-doses as a function of depth (volume averaged dose calculation).

C.3.9 Task 9: Update NUREG/CR-6918 to Include All Improvements Made to the Code

The contractor shall revise NUREG/CR-6918 to incorporate all changes made to the computercode. The contractor shall provide a complete description of the new approach and the theoryon which it is based; include guidance that would be appropriate to users of the code; include acomplete description of the methods used to verify the code and their results. Otherimprovements and modifications made to the code shall also be documented into the NUREG.A draft NUREG/CR-6918 shall be presented to and reviewed by NRC staff for commentingbefore the final report is published. The contractor shall address and resolve NRC comments to

,the revised NUREG/CR-6918 and submit to NRC the final camera-ready copy of theNUREG/CR on a date to be determined by the NRC Project Manager and contractor.

The work required to meet the expectations ,of this task is shown in thefollowing subtasks:

C.3.9.1 Subtask 9.1 Incorporate Changes Made to VARSKIN'into Draft NUREG/CR-6918

The contractor shall incorporate the complete description of the new beta dose calculationmethodology and other additions and changes made to the VARSKIN computer code intoNUREG/CR-6918. The contractor shall also incorporate additional step-by-step example

problems to demonstrate the code's capabilities that represent scenarios in which beta dosesare of primary concern.

C.3.9.2 Subtask 9.2 Present to the NRC Project Manager the Final Camera-Ready Copyof the NUREG

Once all comments have been addressed. and incorporated into NUREG/CR-6918 and softwarefinalized, the contractor shall present a final camera ready copy of NUREG/CR-6918 in thepreferred agency format.

RESEARCH QUALITY

The quality of NRC research programs is assessed each year by the Advisory Committee onReactor Safeguards. Within the context of their reviews of RES programs, the definition ofquality research is based upon several major characteristics:

Results meet the objectives (75% of overall score)Justification of major assumptions (12%)Soundness of technical approach and results (52%)Uncertainties and sensitivities addressed (11%)

Documentation of research results and methods is adequate (25% of overall score)Clarity of presentation (16%)Identification of major assumptions (9%)

It is the responsibility of the contractor to ensure that these quality criteria are adequatelyaddressed throughout the course of the research that is performed. The NRC Project Managerand technical monitor will review all research products with these criteria in mind.

C.4 TECHNICAL AND OTHER SPECIAL QUALIFICATIONS REQUIRED

The personnel assigned to this effort shall be knowledgeable and experienced in the disciplinesof radiation health physics, expertise in beta dosimetry, software development, dose/riskmodeling, engineering, and quality control assurance important to the design and developmentof this particular software.

V K

C.5. REPORTING REQUIREMENTS

C.5.1 Monthly Letter Status Report

Refer to sections F.2, F.3, and F:4in -the contract. Monthly reports shall be forwarded toRESDSAMLSR. Resource(anrc..qovwith a copy to the Contracting Officer.

C.5.2 NEW STANDARDS FOR CONTRACTORS WHO PREPARE NUREG-SERIESMANUSCRIPTS

The U.S. Nuclear Regulatory Commission (NRC) began to capture most of its official recordselectronically on January 1, 2000. The NRC will capture each final NUREG-series publication inits native application. Therefore, please submit your final manuscript that has been approved byyour NRC Project Manager in both electronic and camera-ready copy.

All format guidance, as specified in NUREG-0650, Revision 2, will remain the same with oneexception. You will no longer be required to include the NUREG-series designator on thebottom of each page of the manuscript. The NRC will assign this designator when we send thecamera-ready copy to the printer and will place the designator on the cover, title page, andspine. The designator for each report will no longer be assigned when the decision to prepare apublication is made. The NRC's Publishing Services Branch will inform the NRC ProjectManager for the publication of the assigned designator when the final manuscript is sent to theprinter.

For the electronic manuscript, the Contractor shall prepare the text in Microsoft Word, and useany of the following file types for charts, spreadsheets, and the like.

File Types to be Used for NUREG-Series Publications

File Type File Extension

Microsoft®Word® .doc

Microsoft® PowerPoint® .ppt

Microsoft@Excel xls

Microsoft®Access .mdb

Portable Document Format .pdf

ThiS'list is, sdbjectt-ohange if new'software-package- come into commoi6n use at NRC" orby ourlicensees or other stakeholders that participate in the electronic submission process. If aportion of your manuscript is from another source and you cannot obtain an acceptableelectronic file type for this portion (e.g., an appendix from an old publication), the NRC can, ifnecessary, create a tagged image file format (file extension.tif) for that portion of your report.

Note that you should continue to submit original photographs, which will be scanned, sincedigitized photographs do not print well.

If you choose to publish a compact disk (CD) of your publication, place on the CD copies of themanuscript in both (1) a portable document format (PDF); (2) a Microsoft Word file format, and(3) an Adobe Acrobat Reader, or, alternatively, print"instructions for obtaining a free copy ofAdobe Acrobat Reader on the back cover insert of the jewel box.

C.6 DELIVERABLES/SCHEDULES AND/OR MILESTONES

The contractor shall submit topical reports according to the schedule given in Table 1 of thissection. Due dates are listed for drafts and final versions of the reports. The contractor shallprepare and submit a detailed milestone schedule (GANNT Chart) for work to be performed andthe preparation and submission of the required documentation. The contractor shall also submitthe contract deliverables and reports to the NRC Project Manager; the NRC Project Managerwill review the deliverables and reports for statements contradictory to NRC policy and anymajor technical flaws. The NRC Project Manager will transmit review comments, which thecontractor shall address by either changing the report or incorporating the comments, or byproviding an official rebuttal to the comments.

Table I TASK COMPLETION SCHEDULE AND LIST OF DELIVERABLES FOR NRCPROJECT ON DEVELOPMENT OF VARSKIN CODE

Task or Subtask I Report Topic Type of Deliverable Due Date

Kickoff Meeting Overview of Project Meeting 3 weeks after contract initiation

Task 1 Identify Issues Report in MLSR 3' months after kickoff meeting

Task 2 Address Code Errors Report in MLSR 3 months after kickoff meeting

Task 3 Compare Monte Carlo Report in MLSR 3 months after kickoff meetingCodes

Task 4 Develop Code, V&V Meeting and letter TBD collaboratively with NRCreport and Contractor

Task 5 Optional n/a TBD collaboratively after

Project Kickoff Meeting

Task 6 Develop Training Presentation and TBD collaboratively afterSWorkshop Project Kickoff Meeting

Task 7 Update NUREG Draft and Final NUREG TBD collaboratively with NRCand Contractor

The contractor shall prepare a detailed milestone schedule (GANNT Chart) for work to beperformed under this contract, including the preparation of the documentation needed to complywith the NRC Software QA requirements. Using the draft deliverables schedule proposed inabove Table 1 by NRC, the contractor may submit a counter proposal for a milestone schedulewhich the contractor considers to be more realistic and workable.

For each technical meeting (with personnel not associated with this project) and each field tripattended by the contractor staff assigned to this project, the contractor shall prepare a report onthe meeting or field trip, and submit the report to the NRC Project Manager electronically withina two-week period following the meeting date and as an attachment to the monthly reportdescribing the activities for the month in which the meeting or trip took place. These reportsshall identify the purpose, participants, itinerary, and significant findings of the meeting or fieldtrip.

C.7 MEETINGS AND TRAVEL

The contractor will obtain NRC Project Manager approval prior to any travel. The Principal,Investigator and/or 1 to 2 other staff members may be asked to participate in 2 to 3 work-relatedmeetings over 1-3 days to present the progress of the work. Other travel may be considered ifneeded, but must be approved by the NRC Project Manager.

A Project Kick-off meeting with NRC Project Manager and staff to discuss work requirementsand to clarify and establish schedules for completion of project tasks. The Project Kick-offmeeting will be held at the NRC Headquarters in Rockville, Maryland. This meeting will bethree (3) weeks after the contract initiation.

Foreign travel must be addressed separately and approval must be obtained by processing

NRC Form 445. Foreign travel may be taken from the contract funds.

C.8 NRC-FURNISHED MATERIAL

None.

ATTACHMENT J.2

BILLING INSTRUCTIONS FORCOST REIMBURSEMENT TYPE CONTRACTS (JUNE 2008)

General: During performance and through final payment of this contract, the contractor is.responsible for the accuracy and completeness of data within the Central ContractorRegistration (CCR) database and for any liability resulting from the Government's reliance oninaccurate or incomplete CCR data.

The contractor shall prepare vouchers/invoices for reimbursement of costs in the manner andformat described herein. FAILURE TO SUBMIT VOUCHERS/INVOICES IN ACCORDANCEWITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE VOUCHER/INVOICEAS IMPROPER.

Number of Copies: A signed original and supporting documentation shall be submitted. If thevoucher/invoice includes the purchase of any property with an initial acquisition cost of $50,000

.,.,..or more, a copy of the signed original is also required.

Designated Agency Billing Office: The preferred method of submitting vouchers/invoices iselectronically to the Department of the Interior at NRCPayments &nbc.gov

If the voucher/invoice includes the purchase of capital property with an initial acquisition cost of$50,000 or more, a copy of the signed original shall be electronically sent to: Propertyqnrc.qov

However, if you submit a hard-copy of the voucher/invoice, it shall be submitted to the followingaddress:

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

If you submit a hard-copy of the voucher/invoice and it includes the purchase of capital propertywith an initial acquisition cost of $50,000 or more, a copy of the signed original shall be mailedto the following address:

U.S. Nuclear Regulatory CommissionNRC Property Management OfficerMail Stop: O-4D15Washington, DC 20555-0001

HAND-CARRIED SUBMISSIONS WILL NOT BE ACCEPTED

Agency Payment Office: Payment will continue to be made by the office designated in thecontract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whicheveris applicable.

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ATTACHMENT


Frequency: The-contractor shall submit claims for reimbursement once each month, unlessotherwise authorized by the Contracting Officer.

Format: Claims shall be submitted in the format depicted on the attached sample form entitled"Voucher/Invoice for Purchases and Services Other than Personal" (see Attachment 1). Thesample format is provided for guidance only. The format is not required for'submission of avoucher/invoice. Alternate' formats are permissible provided all requirements of the billinginstructions are addressed. The instructions for preparation and itemization of thevoucher/invoice are included with the sample form.

Task Orderinq Contracts: If the contractor bills for more than one task order under avoucher/invoice, detailed cost'information for each individual task order shall be submitted,together with a cumulative summary of all charges billed on the voucher/invoice. This includesall applicable cost elements discussed in paragraphs (a) through (n) of the attached instructions.

Fee Recovery Billings: Pursuant to the provisions of 10 CFR Part 170 and 171 on licensefees, the NRC must recover the cost of work performed. Accordingly, the contractor mustprovide the total amount of funds billed during the period, fiscal year to date and the cumulativetotal for each task or task assignment by facility or report. The fee recovery billing reports shallbe on a separate page, and shall be in the format provided (see Attachment 1). The billingperiod for fee recovery costs should be from the first day of each calendar month to the last dayof the same month. Each separate fee billing report must be attached to the monthly invoiceand cover the same period as the invoice.

Each report will contain a docket number or other unique identifier. The NRC will provide aunique identifier for. all work performed. Costs should be reported as whole number to thenearest cent. For work that involves more than one facility at the same site, each facility shouldbe listed separately and the costs should be split appropriately between the facilities. Commoncosts, as defined below, shall be identified as a separate line item in the fee recovery billing.report each month.

Common costs are those costs that are not licensee unique and associated with theperformance of an overall program that benefit all similar licensees covered under that programor that are required to satisfactorily carry out the program. Common costs include costsassociated with the following: preparatory or start-up efforts to interpret and reach agreementon methodology, approach, acceptance criteria, regulatory position, or technical reporting

.,requirements; efforts associated with the "lead plant" concept that might be involved.during the.---.- -fist i two..--.t-`review~ ,.hieetings a'd discussions involvirig the ab• • `6fforts t6`poVide_.

orientation, background knowledge or guidance during the course of a program; any technicaleffort applied to a. docket or other unique identifier; and project management. Common costsmust be reporting monthly for each docket or unique identifier. Common costs must be

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ATTACHMENT


computed based on the proportion of direct costs incurred against each docket or uniqueidentifier for the billing period.

Billing of Cost after Expiration of Contract: If costs are incurred during the contract periodand claimed after the contract has expired, you must cite the period during which these costswere incurred. To be considered a proper expiration voucher/invoice, the contractor shallclearly mark it "EXPIRATION VOUCHER" or "EXPIRATION INVOICE".

Final vouchers/invoices shall be marked "FINAL VOUCHER" or "FINAL INVOICE".

Currency: Billings may be expressed in the currency normally used by the contractor inmaintaining his accounting records and payments will be made in that currency. However, theU.S. dollar equivalent for all vouchers/invoices paid under the contract may not exceed the totalU.S. dollars authorized in the contract.

Supersession: These instructions supersede any previous billing instructions.

R:txtselden\billing instructions CR revised 2008

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ATTACHMENT 1TO BILLING INSTRUCTIONS

(SAMPLE FORMAT)

COST REIMBURSEMENT TYPE CONTRACTS (JUNE 2008)INVOICE/ VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL

1. Official Agency Billing Office

Department of the InteriorNational Business CenterAttn: Fiscal Services Branch - D27707301 West Mansfield AvenueDenver, CO 80235-2230

2. Voucher Information

a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data UniversalNumber (DUNS) or DUNS+4 number that identifies the Payee's name and address. TheDUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at thediscretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for thesame parent concern.

b. Payee's Name and Address. Show the name of the Payee as it appears in .the contract andits correct address. If the Payee assigns the proceeds of this contract as provided for in the.assignment of claims terms of this contract, the Payee shall require as a condition of any suchassignment, that the assignee shall register separately in the Central Contractor Registration(CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms ofthis contract. See Federal Acquisition Regulation 52.232-33(g) Payment by Electronic FundsTransfer - Central Contractor Registration (October 2003).

c. Contract Number. Insert the NRC contract number.Task Order No. Insert the task order number (If Applicable).

d. Voucher/Invoice. The appropriate sequential number of the voucher/invoice, beginning with001 should be designated. Contractors may also include an individual internal accountingnumber, if desired, in addition to the 3-digit sequential number.

e. Date of Voucher/Invoice. Insert the date the voucher/invoice is prepared.

f. Billing period. Insert the beginning and ending dates (day, month, year) of the period duringwhich costs were incurred and for which reimbursement is claimed.

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(SAMPLE FORMAT)

COST REIMBURSEMENT TYPE CONTRACTS (JUNE 2008)INVOICE/ VOUCHER FOR PURCHASES ANDSERVICES OTHER THAN PERSONAL

g. Direct Costs - Insert the amount billed for the following cost elements, adjustments,suspensions, and total amounts, for both the current billing period and for the cumulative period(from contract inception to end date of this billing period).

(1) Direct Labor. This consists of salaries and wages paid (or accrued) fordirectperformance of the contract itemized as follows:

Labor Effort CumulativeCateqory Billed Rate Total Amount Billed

(2) Fringe Benefits. This represents fringe benefits applicable to direct labor andbilled as a direct cost. Where a rate is used indicate the rate. Fringe benefits includedin direct labor or in other indirect cost pools should not be identified-here.

(3) Capitalized Non Expendable Equipment. List each item costing $50,000 ormore and having a life expectancy of more than one year. List only those items ofequipment for which reimbursement is requested. For each such item, list the following(as applicable): (a) the item number for the specific piece of equipment listed in theproperty schedule of the contract; or (b) the Contracting Officer's approval letter if theequipment is not covered by the property schedule.

(4) Non-capitalized Equipment, Materials, and Supplies. These are equipment otherthan that described in (3) above, plus consumable materials, supplies. List by category.List items valued at $1,000 or more separately. Provide the item number for each pieceof equipment valued at $1,000 or more.

(5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requireswritten approval of the Contracting Officer.)

(6) Consultants. The supporting information must include the name, hourly or dailyrate of the consultant, and reference the NRC approval (if not specifically approved inthe original contract).

(7) Travel.. Total costs associated with each trip must be shown in the followingformat:

Start Date Destination CostsFrom To, From To,. . ...

(8) Subcontracts. Include separate detailed breakdown of all costs paid to approvedsubcontractors during the billing period.

(9) Other Costs. List all other direct costs by cost element and dollar amountseparately.

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(SAMPLE FORMAT)


h. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula.(rýate and base) in effect in accordance with the terms of the contract, during the time the costs -

were incurred and for which reimbursement is claimed.

i. Fixed Fee. If the contract provides for a fixed fee, it must be claimed as provided for bythe contract. Cite the formula or method of computation. Include this information as it applies toindividual task orders as well.

The contractor may bill for fixed fee only up to 85% of total fee.

j. Total Amount Billed. Insert the total amounts claimed for the current and cumulative

periods.

k?,;:ý- Adjustments. For cumulative amount, include outstanding suspensions.

1. Grand Totals.

Further itemization of vouchers/invoices shall only be required for items having specificlimitations set forth in the contract.

3. Sample Voucher Information

This voucher represents reimbursable costs for the billing periodfrom through.

Amount BilledCurrent PeriodCumulative

(a) Direct Costs(1) D irect labor* .............................(2) Fringe benefits ( %, if computed as percentage) ......(3) Capitalized non-expendable equipment ($50,000 or more - see

instructions)* ......................(4) Non-capitalized equipment, materials, and supplies .................(5) Premium pay (NRC approved overtime) .......(6) C onsultants* .............................(7) Travel*...............(8) Subcontracts* ............................(9) Other costs* ...............

Total Direct Costs

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(SAMPLE FORMAT)


(b) Indirect Costs

(A) Overhead __ % of.(Indicate Base) .........

(c) Fixed-Fee (Cite Formula):(d) Total A m ount Billed .........................(e) A djustm ents .....................................(f) G ra nd T ota ls ....................................

* (Requires Supporting Information -- See Sample below)

SAMPLE SUPPORTING INFORMATION

1) Direct Labor - $2400

Labor Hours CumulativeCategqory Billed Rate Total Hrs. BilledSenior Engineerl 100 $14.00 $1400 975

Engineer 50 $10.00 $ 500 465

ComputerAnalyst 100 $ 5.00 $ 500 320$2400

3) Capitalized Non-Expendable Equipment

Prototype Spectrometer - item number 1000-01 $60,000

4) Non-capitalized Equipment, Materials, and Supplies

10 Radon tubes @ $110.00 = $1100.00

6 Pairs Electrostatic gloves @ $150.00 = $900.00$2000.00

5) Premium Pay

Walter Murphy - 10 hours @ $10.00 Per Hour = $100

(This was approved by NRC in letter dated 6/1/08)

-6)-•.6 'Consultants' Fee

Dr. Carney - 1 hour @ $100 = $100

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(SAMPLE FORMAT)


7) TravelStart Date6/1/08

DestinationWash., DC

Costs$200

4. FEE RECOVERY BILLING REPORT

FIN:Facility Name or Report Title:TAC or Inspection Report Number:(or other unique identifier)

Docket Number (if applicable):

"'Period Fiscal YearCost Incurred To Date Costs

TotalCumulative CostsCost Categories Period Amt.

Labor

Materials

Subcontractor/Consultant

Travel

Other (specify)

Common Costs

Total

Remarks:

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